Judgment

CHANDRACHUD, J.:- On July 31, 1965 a Food Inspector of the Municipal Corporation of Delhi took a sample of Haldi from the appellant s shop on More Sarai Road. On the Public Analyst certifying that the Haldi contained foreign starches to the extent of 25 per cent, the appellant was put up for trial before the learned Magistrate, First Class, Delhi, under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954. The learned Magistrate acquitted the appellant on the sole ground that the sample of Haldi was not taken by the Food Inspector in the presence of independent witnesses, leading to non-compliance with the "mandatory provisions" of Section 10 (7) of the Act. The order of acquittal was set aside in appeal by the High Court of Delhi which following its own earlier judgment took the view that the provisions of Section 10 (7) of the Act are directory and not mandatory. This appeal by special leave is directed against the judgment of the High Court convicting the appellant of the offence of selling an adulterated article of food and sentencing him to suffer imprisonment for six months and to pay a fine of Rs. 1000.

2. It is urged on behalf of the appell